Wednesday, September 15, 2010

KENYAN MERU GRANTED ASYLUM BY L.A. IMMIGRATION COURT

Yesterday (September 14, 2010), Attorney Hamilton secured asylum via order of Immigration Judge DiMarzio of the Los Angeles Immigration Court, following a half-day trial, in the matter of a Kenyan belonging to the Meru tribe. The Client expresses the sincerest gratitude to the Court and to the gracious prosecuting attorney representing ICE in this matter.

By Maria Rangel

Wednesday, September 8, 2010

SAN DIEGO IMMIGRATION JUDGE GRANTS CANCELLATION OF REMOVAL AND ASYLUM TO MIXED AFRICAN COUPLE

Yesterday afternoon, I appeared before Immigration Judge Bagley of the San Diego Immigration Court, to receive a decision in the asylum and cancellation of removal matters of a mixed African couple (Husband from Kenya and wife from another African country which I will not name to preserve their anonymity). This case was tried in a one-day trial on May 18, 2010, but could not be decided that day because of the complexity of certain issues and the competing forms of relief sought. The judge ordered myself and the government's attorney to present our closing arguments in writing and then to return on September 7, 2010 for the decision.

Based upon the compelling testimony of the couple and considerable written briefs and closing arguments, the judge granted both asylum and cancellation of removal to the couple. This means that the couple, in addition to being asylees of the United States, have also been accorded Lawful Permanent Resident (green-card) status (an extremely rare circumstance indeed). It should be noted that out of an allotment of 4000 possible cancellation of removal grants for each fiscal year, only 1,300 on average of these very difficult applications are actually granted nationwide.

We are gratified at the outcome for this wonderful couple, and as always, must thank the Court for its life-changing decision and the government's lawyer, for electing not to appeal.

By: Duane M. Hamilton

HAMILTON SCHEDULED FOR ORAL ARGUMENTS BEFORE THE NINTH CIRCUIT COURT OF APPEALS

Attorney Hamilton is scheduled to argue the case of a Kenyan married couple seeking asylum in the United States, before the 9th Circuit Court of Appeals, in Pasadena, California, on October 7, 2010. He has been pursuing asylum and alternative forms of humanitarian relief on behalf of the aliens in this matter since April of 2002. The 9th Circuit Petition for Review alone (after a subsequent 4 year process in the exhaustion of the Asylum Office, Immigration Court and Board of Immigration Appeals stages) has been litigated over the last four and a half years. Even after arguments before the 9th Cirucit, a decision may remain pending for several months.

This case requires review by the Court, of many novel and nuanced legal concepts, and Mr. Hamilton will be preparing himself for these arguments throughout the month of September.

By: Maria Rangel